The deadline to claim an inheritance is 30 years if it includes real estate and is reduced to 6 years for movable assets like jewelry, artwork, or cars
Author: Esther García López

Source: finanzas.com

Finding out years later that you are a beneficiary of an inheritance currently enjoyed by others does not obligate you to renounce it. You can claim those assets if the deadline to do so has not yet expired.

The deadlines for heirs to claim their assets range from 6 years for movable goods like jewelry, artwork, or cars, to 30 years for real estate such as houses, land, or commercial properties.

The deadline starts from when the claimant “expresses their intention to take ownership of these assets as if they were their own, acting as such and denying others the status of heirs,” explains María José Arcas, a lawyer specializing in succession and inheritance.

There is also case law that states the deadline begins on the day the deceased person dies.

From Asepyme Abogados, they provide the example of Juan, a civil servant who discovers that Pedro, in his will, named him as the heir to two real estate properties that are currently being enjoyed by the deceased’s daughters.

“Both were aware of a will that named them as heirs, but they were unaware of a subsequent will naming Juan as an heir. Therefore, based on this, Juan could claim his right against the deceased’s daughters, for which he has a period of 30 years,” say the law firm.

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Action to Claim the Inheritance
The claim must be made through an action to request the inheritance, aiming to receive the portion of the estate that corresponds to the heir.

To do this, it must be exercised against those who are enjoying part or all of the inheritance as if they were the owners and must prove that the claimed items belong to the inheritance and that the defendant currently possesses them.

The deadline to claim the inheritance should not be confused with the deadline to request the partition of heirs, which is “imprescriptible,” meaning it does not expire.

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How to Claim the Inheritance
The steps to claim an inheritance start with finding out who the deceased’s heirs are and whether or not they made a will. For this, you need to request a certificate of last wills.

If there is a will, it will include the name of the notary and the heirs. If there is no will, any of the heirs can initiate a procedure with the notary to declare who the heirs are.

The heirs must agree on inventorying the assets and obligations of the deceased and proceed with the allocation and division of the inheritance.

If they cannot agree on the inventory, valuation, and allocation of the deceased’s assets, any of them may initiate a judicial procedure for the division of the inheritance.

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High Cost of Claiming an Inheritance
Claiming a legitimate inheritance is an expensive process that sometimes forces heirs to renounce it due to the costs involved.

According to estimates from the Garanley law firm, claiming a modest inheritance requires expenses ranging from €2,000 to €3,000.

However, if legal action is taken for the division of the inheritance, additional court costs must be added to this amount, although “there is always the possibility of mediation to try to reach an agreement before initiating a civil lawsuit,” advise Garanley.